City, schools still fussing: Ocala won’t waive dance hall fee

Published: Monday, February 11, 2013 at 6:45 p.m.

Last Modified: Monday, February 11, 2013 at 6:45 p.m.

The Belleview High School Air Force JROTC Cadet Military Ball will proceed even though the city of Ocala refuses to dance with the Marion County School Board.

The City Council earlier this month voted to deny the School Board's request to waive the $578.55 rental fee to use the American Legion Hall for the military ball — a fee the city has waived for at least the past five years.

That fee includes a $200 refundable security deposit, provided the facility is left in good condition.

"I think you know how I feel about this one," said Councilman Daniel Owen, who has publicly expressed his ire with the School Board for not paying storm water fees the city believes it owes. "This is another service the city is providing at no cost to the School Board."

Owen argued for denying the School Board's request. But he also promised to raise the money to cover the rental fee so that the cadets can still conduct their military ball as planned.

The city claims it is owed $142,500, which is $9,500 a month since November 2011, when the schools stopped paying stormwater fees.

The stormwater conflict now is winding its way through the courts. The School Board has claimed that it does not owe the money because it has sovereign immunity and there is no contract with the city to compel payment of stormwater fees.

The city says the board is receiving the service and thus should pay for it.

Owen has repeatedly requested a face-to-face meeting with the School Board to work out differences without incurring added legal fees. His requests have been spurned.

So, when the request from the School Board to waive the fees for the military ball came up Feb. 5, Owen was opposed.

Councilwoman Suzy Heinbockel asked who would be responsible to pay the fees if the council decided not to waive them.

Kathy Crile, the city's director of recreation and parks, said she believed the JROTC program would be responsible to pay the fees.

"I think we should charge them and I will see to it that it's taken care of," Owen said about raising the money for the cadets' ball. "This is another service the city is providing at no cost to the School Board and we cannot, regardless of how high we jump, get a return phone call. They are running scared of their lawyers. They are not running the School Board."

Master Sgt. Rob McCormick said the JROTC program has been operating at Belleview High School since 2002, and it has had the ball for at least five years. He said the cadets were the 2012 Drill Team champions.

"You are going to be able to have the event," Owen told McCormick. "These costs are covered."

Heinbockel moved for denial of the School Board's request, which carried by a 3-2 vote. Council President Mary Rich and Councilman John McLeod opposed the motion.

McLeod said he no longer wished to see every one of these requests from the School Board, something that had been requested by the council earlier.

"In the end, the lawsuit for the stormwater will decide everything," McLeod said. "I am just to the point I don't want to deal with them any more on a case-by-case basis. I would rather have my stormwater paid."

Rich said the council should not hold students responsible for the School Board's actions. Waiving student fees is much better than having them out writing graffiti or breaking windows.

Heinbockel said she does want to see each request from the School Board. She said the city does many things for the children of the community, and many of those items are simply handled at the staff level. She said she would encourage members of the public to ask the School Board why the city cannot get the School Board's ear.

"I am hoping one member of the School Board will ask for a written understanding of the law," Owen said. "It is my understanding they have been advised by their attorney should they reach out to the City Council they will have to recuse themselves from any votes on this issue."

Owen said he would like to know what statute prohibits an elected official from doing his or her "homework."

School Board Chairman Ron Crawford said he has never tried to tell the city how to run its operations.

"If we want to use any facility in town, we are willing to pay the going rate," Crawford said. "As far as stormwater, that's simply strictly a legal matter that is being decided by" the 5th District Court of Appeal.

Crawford said three appellate courts in the state considering similar cases already have ruled in favor of the position the Marion County School Board is defending.

"If we owe it, we will pay it. If we don't, we are not going to give them money," Crawford said about the stormwater fees.

He said the School Board's attorneys are looking out for the board's interests.

"Our attorney doesn't prevent us from talking to them," Crawford said about the city. "The board just decided we are not going to until the case is decided. It's just that simple."

The city already has approved the School Board's request to waive the rental fees for the high school swim teams at both swimming pools, estimated at $34,540 paid at the hourly rate. The schools did pay the city about $4,400 for lifeguards on duty during the training.

The city also waived fees at the Ocala Golf Club for the high school students. The value is unknown because it was handled through a management contract.

<p>The Belleview High School Air Force JROTC Cadet Military Ball will proceed even though the city of Ocala refuses to dance with the Marion County School Board.</p><p>The City Council earlier this month voted to deny the School Board's request to waive the $578.55 rental fee to use the American Legion Hall for the military ball — a fee the city has waived for at least the past five years.</p><p>That fee includes a $200 refundable security deposit, provided the facility is left in good condition.</p><p>"I think you know how I feel about this one," said Councilman Daniel Owen, who has publicly expressed his ire with the School Board for not paying storm water fees the city believes it owes. "This is another service the city is providing at no cost to the School Board."</p><p>Owen argued for denying the School Board's request. But he also promised to raise the money to cover the rental fee so that the cadets can still conduct their military ball as planned.</p><p>The city claims it is owed $142,500, which is $9,500 a month since November 2011, when the schools stopped paying stormwater fees.</p><p>The stormwater conflict now is winding its way through the courts. The School Board has claimed that it does not owe the money because it has sovereign immunity and there is no contract with the city to compel payment of stormwater fees.</p><p>The city says the board is receiving the service and thus should pay for it.</p><p>Owen has repeatedly requested a face-to-face meeting with the School Board to work out differences without incurring added legal fees. His requests have been spurned.</p><p>So, when the request from the School Board to waive the fees for the military ball came up Feb. 5, Owen was opposed.</p><p>Councilwoman Suzy Heinbockel asked who would be responsible to pay the fees if the council decided not to waive them.</p><p>Kathy Crile, the city's director of recreation and parks, said she believed the JROTC program would be responsible to pay the fees.</p><p>"I think we should charge them and I will see to it that it's taken care of," Owen said about raising the money for the cadets' ball. "This is another service the city is providing at no cost to the School Board and we cannot, regardless of how high we jump, get a return phone call. They are running scared of their lawyers. They are not running the School Board."</p><p>Master Sgt. Rob McCormick said the JROTC program has been operating at Belleview High School since 2002, and it has had the ball for at least five years. He said the cadets were the 2012 Drill Team champions.</p><p>"You are going to be able to have the event," Owen told McCormick. "These costs are covered."</p><p>Heinbockel moved for denial of the School Board's request, which carried by a 3-2 vote. Council President Mary Rich and Councilman John McLeod opposed the motion.</p><p>McLeod said he no longer wished to see every one of these requests from the School Board, something that had been requested by the council earlier.</p><p>"In the end, the lawsuit for the stormwater will decide everything," McLeod said. "I am just to the point I don't want to deal with them any more on a case-by-case basis. I would rather have my stormwater paid."</p><p>Rich said the council should not hold students responsible for the School Board's actions. Waiving student fees is much better than having them out writing graffiti or breaking windows.</p><p>Heinbockel said she does want to see each request from the School Board. She said the city does many things for the children of the community, and many of those items are simply handled at the staff level. She said she would encourage members of the public to ask the School Board why the city cannot get the School Board's ear.</p><p>"I am hoping one member of the School Board will ask for a written understanding of the law," Owen said. "It is my understanding they have been advised by their attorney should they reach out to the City Council they will have to recuse themselves from any votes on this issue."</p><p>Owen said he would like to know what statute prohibits an elected official from doing his or her "homework."</p><p>School Board Chairman Ron Crawford said he has never tried to tell the city how to run its operations.</p><p>"If we want to use any facility in town, we are willing to pay the going rate," Crawford said. "As far as stormwater, that's simply strictly a legal matter that is being decided by" the 5th District Court of Appeal.</p><p>Crawford said three appellate courts in the state considering similar cases already have ruled in favor of the position the Marion County School Board is defending.</p><p>"If we owe it, we will pay it. If we don't, we are not going to give them money," Crawford said about the stormwater fees.</p><p>He said the School Board's attorneys are looking out for the board's interests.</p><p>"Our attorney doesn't prevent us from talking to them," Crawford said about the city. "The board just decided we are not going to until the case is decided. It's just that simple."</p><p>The city already has approved the School Board's request to waive the rental fees for the high school swim teams at both swimming pools, estimated at $34,540 paid at the hourly rate. The schools did pay the city about $4,400 for lifeguards on duty during the training.</p><p>The city also waived fees at the Ocala Golf Club for the high school students. The value is unknown because it was handled through a management contract.</p><p>Contact Susan Latham Carr at 867-4156 or susan.carr@starbanner.com.</p>